The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1887-10-29
PHILIP HABELL'S TRIAL.
Murder in the Second Degree

III ",
ing before Judge Magic and full bench
The court room was moderately we'll filed
2 yet the case evidently did not attract til
crowd which has filed the court hous
upon similar occasions before. There wa
( no especial interest manifested in the case
possibly because murder trials have be
come so common here that they no longe
prove a firstclass drawing card.
Prosecutor Willard w Cutler appeared
: for the State, while the prisoner was de
!, Tended by Joshua S. Salmon and John B
Vreeland, neither of whom ever before
figured in murder trial, Notwithstanding
both are lawyers of considerable expert
ence and prominence.
Habell is about sixty years of age, thick
set and below the average in height. His
hair and mustache are both well streaked
with grey, and his face in repose denotes
an amiable temper and altogether he pre-
sents the appearance of man not subject
to bursts of temper, and looks like any
thing but the typical murderer
The following gentlemen were selected
as the jury: John A. Baldwin, Joseph
Leonard. Theodore G. Doremus, Edward
DeCamp, John H. Vreeland, John W.
Bevers, James H. Loree, Thomas Rodgers,
Edwin D. Schenck, George S. Bevers,
James Gardner, James F. Dolan.
Prosecutor Cutler opened the case by
briefly stating what the State expected to
prove, and explained the situation as fol-
lows: Philip Habell the defendant, was
carpet weaver in Boonton, and kept a
few boarders On the night of May 18th
there were two peddlers stopping over
night. besides a regular boarder named
| Zimba, who worked in the paper mill.
John Kelley, Jr., also an employe in the
paper mill, called on Zimba early in the
evening and the two spent an hour or two
| in Zimbas room. Later in the evening the
men went down stairs TO the kitchen and
had some dancing, Mrs. Habell making
one of the party, and Habell himself play
ing the accordion. About 10 o'clock the
| two peddlers went to bed. About mid
night Zimba went out into the yard, and
returning in few minutes heard shot
and saw the flash of a gun as he opened
the door. A short time before this the
peddlers in their room heard noise at
their door, and saw Kelley in their room
holding the door closed. One of them
pushed Kelley away, and the door opened
and Habell was seen standing outside
Kelley was pushed out of the room and
into the hall by one of the peddlers, and a
moment later they heard the report of a
gun.
DIR. |. w. Condit was the first witness
examined. He made the post-mortem
examination, and testified that the body
was that of young man about thirty or
thirty five years of age, and that death re-
suited from gun shot wound in the head
and neck, the charge entering below and
back of the right ear, and coming out be-
low the ear, making hole through.
Ordinary bird shot was used. The edge
of the wound was burned and blackened
by powder and the hair was singed, show
ing that the weapon had been held close to
Kelleys head when fired 1T was case
of instant death from shock, and if the
man was standing upright the muzzle of
the gun must have been below, unless the
murdered man was STOPPING over. The
gun" continued the Doctor, must have
been within two feet of the mans head
it NAV have been within few inches"
DIR. Edwin B. Carpenter, who assisted
in the post norton, corroborated the first
witness ; and in addition said that he
noticed a bruise on the left side of the
head, but it was so long ago that he could
not describe it infinitely. He could not
tell whether the bruise was received before
or after death, but did not think it was
caused by fall. 1t could have been
caused by being hit with the barrels of a
gun.
Samuel F. Pierson, surveyor, testified to
having made a diagram of the premises
which was displayed.
Selig Wank, one of the peddlers, said
he lived in New York, and stopped at Ha-
BELLS in Boonton that night. The man
that was killed came to the house about 8
o'clock and asked for Zimba. He knock
| ed at the kitchen door and Mrs. Habell
answered. Kelley went up stairs to Zim-
ba's room, the front room where he slept i,
there are two beds in the room. About 8
O'Clock Kelley and Zimba came down into
the kitchen, where Mr. Habell, the other
peddler and myself were. don't remem-
Der whether Habell was there just at that
time. We talked for while, and Habell
played the ACCORDION. Kelley afterwards
PLAYED. There was no dancing before
went to bed, little after ten o'clock. l
think the other peddler went to bed before
did. l left light burning in the room
when went TO sleep. About 10 o'clock
was awakened by rapping on the door
and heard Habell say, "Open the door. .
| looked up and saw Kelley in the room
holding the door shut. l pushed Kelley
away from the door to ask Habell what he
wanted. AS soon as | opened the door
Habell came in and began hitting Kelley
with a stick or something, but | didn't
notice what it was / think he held il
with both hands, and hit Kelley over the
shoulders several times. l pushed Kelley
out into the hall, because ! didn't want
any fuss in there. l left the door open
and stepped back into the room. In 9
minute or two I heard a shot, but could
not see anything except the flash of the
gun as it was dark in the hall. A minute
later heard Habell exclaim, "My God
nv God the man is dead"
i On cross. examination the witness said
81 think Habell said something like why
don't you go home 2 when Habell criec
out after the shooting he was at the foot o.
the stairs"
!, Joseph Gardner, the other peddler, cor
roborated the last witness, but could no
throw any additional light on the subject
Coroner G. B. Gage testified that hi
officiated at the inquest, and being shown
the gun "a double barrel shot gun, TIN
barrels broken off from the stock said j
was in the same condition as when frs
shown to him.
: Andrew Zimba, the steady boardeI
, could not speak English so testified through
an interpreter. Said he had boarded a
Habell's since May 1st He did not know
that Kelley was coming to the house tina
, night. and never knew him to be Their
before, He said that he (the witness
could not speak English and Kelley coul
: not speak German, SO their conversation
was more guessing than talking"
thought he was a good eomrade, and
treated him to a glass of whiskey ! offer
ed him another glass, but he didn't wan
t it.. He staid up stairs about an hour, unit
t he heard some one playing the aceordeor
h and then wanted to GO down to tn
kitchen, and we both went. brougE
e down what was left of the bottle of whis
: key, and they all took drink Of it-H'
+ bell had some with the rest. There wa
y dancing. and Kelley asked Mrs. Habell
u - - - frxn